The difference is that I feel a little dirty just for having repeated a scurrilous rumor even as I rejected it. Apparently Obama’s two opponents have no such qualms and are happily retailing, and wallowing in, the dirt.

Then-Attorney General Ashcroft was troubled by the discussions. He agreed with the general policy decision to allow aggressive tactics and had repeatedly advised that they were legal. But he argued that senior White House advisers should not be involved in the grim details of interrogations, sources said.

According to a top official, Ashcroft asked aloud after one meeting: "Why are we talking about this in the White House? History will not judge this kindly."

This post from Jack Balkin about the (lack of) possibility of war crimes prosecution makes me really sad and frustrated. More accountability for current officials is precisely the thing I want most from the new administration. Congress hasn't delivered. The new President won't deliver. It's disgusting and shameful. What are we supposed to do?